posted by charlotte bankruptcy attorney
By Theodore O. Fillette, III
Legal Aid of North Carolina, Inc.
July 6, 2007
This essay is primarily for new pro bono attorneys. It is based upon my experience
representing very low-income people and working with volunteer attorneys for many years.
Some advocates for low-income people wish, consciously or not, their clients to be
virtual “Cinderellas”: hard-working, humble, candid, conscientious, and victimized by a wicked
stepmother or other evildoer. I believe that all the Cinderellas have already retained Perry
Mason or other T.V. attorneys.
The rest of us should heed the words of a veteran pro bono lawyer and former president
of the Mecklenburg County Bar who has introduced pro bono service to new volunteers with this
admonition:
“When clients retain us with a check, we are willing to accept their ‘warts’
and help find ways to compensate for those flaws. We owe pro bono
clients the same consideration.”
There are no clients with perfect memory, judgment, record-keeping, morals or manners. If there
were, they would not need us.
The general reality is that indigent clients often suffer from multiple challenges. Their
lack of expendable funds affects their health care, transportation, maintaining employment,
keeping records, and other basic functions we take for granted. Many low-income folks have
little or poor education. Many suffer from addictions and/or mental illnesses. Many experienced
or continue to suffer from domestic violence or neglect that leaves them with various physical
and emotional scars. In other words, their lives will be dysfunctional in varying degrees, and
many aspects of those problems will make it more difficult to assist them.
Here are some tips for helping the advocate identify some of these challenges and
overcome them. You have to build trust early. Start by telling the client that you want to help.
Do not begin with 10 questions about their background. As soon as possible, you should
distinguish yourself from other authority figures such as teachers and social workers that clients
may have experienced as judgmental and critical of their behavior.
There are many issues regarding communication. Give the clients a card and find out
immediately how they best communicate. They may not read well. They may not initiate
communication at all. Some folks who have not had lawyers think that lawyers will just
magically show up in court and fix the problem. Explain how you will need to learn the facts
and prepare for trial. Encourage them to report changed circumstances. Return their calls
quickly or have others do so. This will create confidence that you really do care about their
problem.
Listen carefully to the client’s stated goals. If they sound unrealistic or abstract (“I just
want justice”), help them identify concrete goals. Don’t be afraid to educate the client on other
objectives and legal rights that might help them, especially if their stated goals are not very
feasible. Help the client get a broad understanding of their legal context.
As soon as it is feasible, try to understand the larger reality of the client’s family. This
includes their financial circumstances. It includes any particular problems of health or
environmental hazards. It includes knowing who is in the household. If you will probably
litigate over the conditions in the client’s home, visit the dwelling as soon as possible.
It may also help to identify other helpers in the lives of the clients. Sometimes these are
relatives. Sometimes they are social workers or neighbors. Find out who might provide
transportation to hearings and child care on the day of trial.
After you have covered these bases and you are getting focused on preparation for a
hearing, do not be afraid to explore key issues of credibility. Anticipate what your opponent will
discover. Check the criminal records of the members of the household. Review the civil index
for previous lawsuits. When you have learned of potential problems regarding credibility, raise
them by saying to the client: “The other side’s lawyer may ask you about this.”
When it comes to potential settlement negotiations, many low-income clients appear to
fall at the extremes of a wide spectrum. Unfortunately, some of the most sympathetic and
deserving clients will be tempted to take an offer of a nominal amount. At the other end, those
clients with the biggest faults and least merit seem to think that their claims have to be worth a
million dollars. In order to orient your client to a realistic settlement range, focus the client’s
attention on the decision maker and the elements of proof required. Do not let the client think
that he or she is arguing with you about the value of their case. Continue to focus on who you
must persuade on the value of the claims. Help the client focus on his or her real goals. Help the
client understand the competing interests of the opponent. Give the client a realistic sense of
what the decision maker is willing to deliver.
When it is time to prepare for a hearing, pay attention to the logistical details that will
enable your client able to participate in the hearing effectively. Talk about what is appropriate
dress. Make sure the client has adequate day care and will not bring small children to a hearing.
Make sure that they have transportation to your office or to the hearing. Explain the importance
of arriving on time.
Finally, never miss the opportunity to recognize your clients’ contributions to the effort.
Praise them for locating the witnesses and exhibits. Appreciate their securing day care for the
trial date. Compliment their Sunday dress. Recognize their courage. Their ordeal may be a
turning point in their lives. And yours.
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By Theodore O. Fillette, III
Legal Aid of North Carolina, Inc.
July 6, 2007
This essay is primarily for new pro bono attorneys. It is based upon my experience
representing very low-income people and working with volunteer attorneys for many years.
Some advocates for low-income people wish, consciously or not, their clients to be
virtual “Cinderellas”: hard-working, humble, candid, conscientious, and victimized by a wicked
stepmother or other evildoer. I believe that all the Cinderellas have already retained Perry
Mason or other T.V. attorneys.
The rest of us should heed the words of a veteran pro bono lawyer and former president
of the Mecklenburg County Bar who has introduced pro bono service to new volunteers with this
admonition:
“When clients retain us with a check, we are willing to accept their ‘warts’
and help find ways to compensate for those flaws. We owe pro bono
clients the same consideration.”
There are no clients with perfect memory, judgment, record-keeping, morals or manners. If there
were, they would not need us.
The general reality is that indigent clients often suffer from multiple challenges. Their
lack of expendable funds affects their health care, transportation, maintaining employment,
keeping records, and other basic functions we take for granted. Many low-income folks have
little or poor education. Many suffer from addictions and/or mental illnesses. Many experienced
or continue to suffer from domestic violence or neglect that leaves them with various physical
and emotional scars. In other words, their lives will be dysfunctional in varying degrees, and
many aspects of those problems will make it more difficult to assist them.
Here are some tips for helping the advocate identify some of these challenges and
overcome them. You have to build trust early. Start by telling the client that you want to help.
Do not begin with 10 questions about their background. As soon as possible, you should
distinguish yourself from other authority figures such as teachers and social workers that clients
may have experienced as judgmental and critical of their behavior.
There are many issues regarding communication. Give the clients a card and find out
immediately how they best communicate. They may not read well. They may not initiate
communication at all. Some folks who have not had lawyers think that lawyers will just
magically show up in court and fix the problem. Explain how you will need to learn the facts
and prepare for trial. Encourage them to report changed circumstances. Return their calls
quickly or have others do so. This will create confidence that you really do care about their
problem.
Listen carefully to the client’s stated goals. If they sound unrealistic or abstract (“I just
want justice”), help them identify concrete goals. Don’t be afraid to educate the client on other
objectives and legal rights that might help them, especially if their stated goals are not very
feasible. Help the client get a broad understanding of their legal context.
As soon as it is feasible, try to understand the larger reality of the client’s family. This
includes their financial circumstances. It includes any particular problems of health or
environmental hazards. It includes knowing who is in the household. If you will probably
litigate over the conditions in the client’s home, visit the dwelling as soon as possible.
It may also help to identify other helpers in the lives of the clients. Sometimes these are
relatives. Sometimes they are social workers or neighbors. Find out who might provide
transportation to hearings and child care on the day of trial.
After you have covered these bases and you are getting focused on preparation for a
hearing, do not be afraid to explore key issues of credibility. Anticipate what your opponent will
discover. Check the criminal records of the members of the household. Review the civil index
for previous lawsuits. When you have learned of potential problems regarding credibility, raise
them by saying to the client: “The other side’s lawyer may ask you about this.”
When it comes to potential settlement negotiations, many low-income clients appear to
fall at the extremes of a wide spectrum. Unfortunately, some of the most sympathetic and
deserving clients will be tempted to take an offer of a nominal amount. At the other end, those
clients with the biggest faults and least merit seem to think that their claims have to be worth a
million dollars. In order to orient your client to a realistic settlement range, focus the client’s
attention on the decision maker and the elements of proof required. Do not let the client think
that he or she is arguing with you about the value of their case. Continue to focus on who you
must persuade on the value of the claims. Help the client focus on his or her real goals. Help the
client understand the competing interests of the opponent. Give the client a realistic sense of
what the decision maker is willing to deliver.
When it is time to prepare for a hearing, pay attention to the logistical details that will
enable your client able to participate in the hearing effectively. Talk about what is appropriate
dress. Make sure the client has adequate day care and will not bring small children to a hearing.
Make sure that they have transportation to your office or to the hearing. Explain the importance
of arriving on time.
Finally, never miss the opportunity to recognize your clients’ contributions to the effort.
Praise them for locating the witnesses and exhibits. Appreciate their securing day care for the
trial date. Compliment their Sunday dress. Recognize their courage. Their ordeal may be a
turning point in their lives. And yours.
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